Common use of Security for Hedging with Former Lenders Clause in Contracts

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 and unless the context otherwise requires, all references herein or in any other Document to “Lender Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Financial Instruments” shall include such Financial Instruments with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations under Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7), in any proceeds of realization and enforcement of the Security.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “"Former Lender”"), all Lender Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 11.10 and unless the context otherwise requires, all references herein or in any other Document to “"Lender Financial Instrument Obligations” " shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “"Lenders” " shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “"Hedging Affiliates” " shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “"Lender Financial Instruments” " shall include such Financial Instruments with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations under Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7)basis, in any proceeds of realization and enforcement of the Security.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Financial Instrument Swap Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments Hedge Agreements entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Financial Instrument Swap Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 and 10.11 and, unless the context otherwise requires, all references herein or in any other Document to “Lender Financial Instrument Swap Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Financial InstrumentsHedge Agreements” shall include such Financial Instruments Lender Hedge Agreements with a Former Lender and its Hedging AffiliatesAffiliates (in each case, other than Excluded Swap Obligations). For certainty, any Financial Instrument Lender Swap Obligations under Financial Instruments any individual Lender Hedge Agreements entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the SecuritySecurity Documents. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the SecuritySecurity Documents, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the SecuritySecurity Documents; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis (subject to Section 11.7)basis, in any proceeds of realization and enforcement of the SecuritySecurity Documents.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “"Former Lender”"), all Lender Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 11.10 and unless the context otherwise requires, all references herein or in any other Document to “"Lender Financial Instrument Obligations” " shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “"Lender Financial Instruments” " shall include such Financial Instruments with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations under Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7)basis, in any proceeds of realization and enforcement of the Security.. 101

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 and unless the context otherwise requires, all references herein or in any other Document to “Lender Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Financial Instruments” shall include such Financial Instruments with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations under Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, but subject to the Collateral Agent and Intercreditor Agreement, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7), in any proceeds of realization and enforcement of the Security.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 11.11 and unless the context otherwise requires, all references herein or in any other Document to “Lender Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Financial Instruments” shall include such Financial Instruments with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations under Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7)basis, in any proceeds of realization and enforcement of the Security.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “"Former Lender”"), all Lender Financial Instrument Obligations Swap Indebtedness owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments Swap Agreements entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were Swap Indebtedness was secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 9.11 and unless the context otherwise requires, all references herein or in any other Loan Document to “Lender Financial Instrument Obligations” "Swap Indebtedness" shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Loan Document to “"Lenders” " shall include Former Lenders for the purposes of such obligations, all references herein or in any other Loan Document to “"Hedging Affiliates” " shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Loan Document to “"Lender Financial Instruments” Swap Agreements" shall include such Financial Instruments Swap Agreements with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations obligations arising under Financial Instruments Swap Agreements entered into by the Borrower or a Subsidiary with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, but subject to the Collateral Agency and Intercreditor Agreement, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7)basis, in any proceeds of realization and enforcement of the Security.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 11.10 and unless the context otherwise requires, all references herein or in any other Document to “Lender Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Financial Instruments” shall include such Financial Instruments with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations under Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7)a basis, in any proceeds of realization and enforcement of the Security.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Financial Instrument Swap Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments Hedge Agreements entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Financial Instrument Swap Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 and 10.11 and, unless the context otherwise requires, all references herein or in any other Document to “Lender Financial Instrument Swap Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Financial InstrumentsHedge Agreements” shall include such Financial Instruments Lender Hedge Agreements ‑ 103 ‑ with a Former Lender and its Hedging AffiliatesAffiliates (in each case, other than Excluded Swap Obligations). For certainty, any Financial Instrument Lender Swap Obligations under Financial Instruments any individual Lender Hedge Agreements entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the SecuritySecurity Documents. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the SecuritySecurity Documents, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the SecuritySecurity Documents; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis (subject to Section 11.7)basis, in any proceeds of realization and enforcement of the SecuritySecurity Documents and amendments to, or waivers in respect of, Section 7.6 shall require the consent of each Former Lender which has outstanding Lender Swap Obligations.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security (equally and rateably) to the extent that such Lender Financial Instrument Obligations were secured by the Security prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.10 11.10 and unless the context otherwise requires, all references herein or in any other Document to “Lender Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Financial Instruments” shall include such Financial Instruments with a Former Lender and its Hedging Affiliates. For certainty, any Financial Instrument Obligations under Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender shall not be secured by the Security. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security or any right to participate in any decisions relating to the Security, including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security is to share, on a pari passu basis (subject to Section 11.7)basis, in any proceeds of realization and enforcement of the Security.